Sisterly Act Fuels Airline Fightback

The Sunday Age

Sunday March 2, 2008

Dan Harrison

BUDGET airline Jetstar is seeking to overturn a legal decision that could spell the end of some charges levied by companies such as banks, fitness centres and hire car companies.

The case, being heard in the Supreme Court, is the first major test of Victorian legislation introduced in 2003 to stamp out allegedly unfair consumer contracts.

The Qantas discount offshoot is appealing against a decision in the Victorian Civil and Administrative Tribunal that ordered it to repay a woman part of the sum it charged her to change the name on a ticket.

Public servant Elizabeth Free was ecstatic when she snagged bargain return fares of $437.39 for herself and her sister Sally Ann, as part of a sale to launch Jetstar's Melbourne-Honolulu route in September 2006.

But she was shocked months later when she called the airline to change her sister's ticket into her niece's name and was told she would have to pay more than $600 - the difference between the fare she first bought and the cheapest fare available at the time - on top of $150 in change fees.

"I was absolutely, totally shocked," the Kings Park woman told The Sunday Age this week.

The feisty 45-year-old, who organised a student strike as a pupil at Coburg High School, vowed to fight: "I've never taken anything lying down, ever."

Unsatisfied with the company's response to her complaint letter, she launched proceedings in VCAT, alleging the terms of Jetstar's contract were void because they were unfair. VCAT senior member Alan Vassie found in her favour last July.

Ms Free said: "Most of my family and friends couldn't believe that I'd won . . . that little old me, one ordinary old working-class person, has beaten Jetstar." While Mr Vassie said Jetstar was entitled to charge a change fee of $75 per sector, he ordered the airline to refund Ms Free the $600 fare difference.

While Ms Free has already received the money from Jetstar, she will be closely following the appeal, which began this week before Justice Tony Cavanough. Consumer Affairs Victoria is mounting Ms Free's defence.

"I would love for the little man to win; I would love for them to be clearly and thoroughly rapped on the knuckles for being bastards to people," Ms Free said.

Gerard Brody, policy director of the Consumer Action Law Centre, applauded Consumer Affairs for taking on the case, which could have implications for many industries, such as banks and gyms.

© 2008 The Sunday Age

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